Digital Download Terms
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1. These Terms
1.1. These are the terms and conditions on which we supply digital content to you when purchased and downloaded through our website https://infinitesamples.com (Site).
1.2. Please read these terms carefully before you submit your order to us. These terms tell you
who we are, how we will provide digital content to you, how you and we may change or end
the contract, what to do if there is a problem and other important information.
2. About us and our products
2.1. You can find everything you need to know about us, Infinite Samples Ltd, and our digital
products on our website before you place an order.
2.2. You can contact us by emailing our customer service team at info@infinitesamples.com.
2.3. If we need to contact you, we will do so by using the contact information you have provided
to us when submitting your order i.e. email and/or telephone.
3. Business customer?
3.1. We only sell to the businesses and you should not purchase from our website or download
anything if you are a consumer under the laws of England and Wales. Note that all our
customers are deemed to be business customers due to our subscription models which are
explained in our [https://infinitesamples.com/end-user-licence/] as these are not available to sale to anyone for
personal use. Even if you are an individual, you can still purchase from our site if you are
buying products wholly or mainly for use in connection with your trade, business, craft or
profession because this makes you a business customer. In some areas, you will have
different rights under these terms, and applicable laws and regulations, depending on
whether you are a business or an individual consumer.
3.2. These terms constitute the entire agreement between us in relation to your purchase,
together with any documents referred to in them for example the end user licence
agreement. You acknowledge that you have not relied on any statement, promise,
representation, assurance or warranty made or given by us or on our behalf which is not set
out in these terms and that you have no claim for innocent or negligent misrepresentation
or negligent misstatement based on any statement in this agreement.
4. Accepting orders
4.1. Our acceptance of your order will take place when we email you to accept it, at which point
a contract will come into existence between you and us. Once an order is accepted, we will
assign it an order number.
5. Rejecting orders
5.1. In some situations, we may need to reject an order. If this happens, we will inform you and
you will not be charged for the order.6. Suspending orders
6.1. In some situations, we may need to suspend an order and the supply of our digital products
to you. This could be because we need to deal with a technical problem or make minor
technical changes and/or update the product to reflect changes in relevant laws and
regulatory requirements.
6. Suspending orders
6.2. Should we need to suspend an order, we will inform you as soon as is reasonably
practicable.
7. Providing the products
7.1. The product is a one-off purchase of digital content. We will make the digital content
available for download by you as soon as we accept your order.
8. Our rights to make changes
8.1. You acknowledge and agree that we may update or require you to update the digital
content purchased from us, provided that the digital content shall always match the
description of it that we provided to you before you bought it.
9. Price and payment
9.1. Where to find the price for the product. The price of the product (which includes VAT) will be
the price indicated on the order pages when you placed your order. We take all reasonable
care to ensure that the price of the product advised to you is correct. However please see
clause 13.3 for what happens if we discover an error in the price of the product you order.
9.2. If the rate of VAT changes between your order date and the date we supply the digital
content, we adjust the rate of VAT that you pay, unless you have already paid in full before the
change in the rate of VAT takes effect.
9.3. We accept payment with major credit/debit cards/Apple Pay, and for digital content, we
charge you when you order and you must pay for the products before you download them or
use credits as appropriate. However, for some products we take payment at regular intervals,
as explained to you during the order process and as we have repeated here:-
9.3.1. The subscription is for a minimum 30 day period whichever subscription plan you
choose view here;];
9.3.2. You can cancel your subscription plan here. Cancellation of your chosen plan will take effect at the end of the period of
your chosen plan i.e. at the end of 30 days from the date you ordered the plan (Billing
Cycle). At the end of your chosen plan, all of your unused Credits will no longer be
available to you and will expire at the end of the Billing Cycle and site access will be
available for a period of up to 2 months after the end of the Billing Cycle but you shall
have no access to any functions but it does mean that you can subscribe again within
that time period and your dashboard and set up will remain intact but for the
avoidance of doubt it will be lost if you do not re-subscribe within such time period.
9.4. You must pay all amounts due to us under these terms in full without any set-off,
counterclaim, deduction or withholding (other than any deduction or withholding of tax as
required by law).
9.5. If we’re unable to collect any payment you owe us we charge interest on the overdue
amount at the rate of 4% a year above the Bank of England base rate from time to time. This
interest accrues on a daily basis from the due date until the date of actual payment of the
overdue amount, whether before or after judgment. You pay us the interest together with any
overdue amount.
10. Credits
10.1. Your subscription model entitles you to receive a specified number of credits which can be
used to download samples. One sample will be worth one credit (Credit)
10.2. Credits cannot be transferred or sold.
10.3. You may use Credits, granted to you on a monthly basis by way of purchasing one of our
subscription models, to download digital content on our website.
10.4. Once you have used a Credit to purchase and download digital content and you have begun
to download the digital content, you will lose any right you might have to cancel or change
the use of that Credit meaning that you will not be able to change or cancel the digital
content you have downloaded.
10.5. One credit entitles you to one download.
11. Billing Cycles
11.1.If you have purchased one of our subscription models and subsequently cancel the
subscription model in accordance with these terms, you will still have access to the digital
content up until the date in which you would have paid the subscription fee. For example, if
you purchase a subscription plan on 01 April and then cancel it before the next billing date
(i.e 01 March), you will still have access to the digital content until the 01 March.
11.2. By providing your details of payment, you acknowledge and agree that we will charge you
every month, on a recurring basis, until you cancel in accordance with these terms and
conditions. If you cancel, you may use your credits until the end of that Billing Cycle, you will
lose any credits after this period and clause 9.3.2 applies. We will continue to collect
payments until you or we cancel this contract, even if you do not use your credits each
month.
11.3. If we are unable to collect payments, we may immediately suspend your account, credits
and downloads, if you need to change your payment method you need to ensure this is up
to date at all times to ensure access to your credits and ability to download from our
website. You will have up the end of the Billing Cycle to correct your account details
otherwise clause 9.3.2. applies but for the avoidance of doubt upon no collection payment
your account immediately suspended and all functionality will be lost until payment is
updated in accordance with this clause 11.
12. Cancelling your subscription model
12.1. You may cancel your subscription model at any time through your user account or by
contacting our customer services team.
12.2. Should you cancel your subscription model before the next billing date, you will not receive
a refund of any licence fees already paid for the period of your subscription.
12.3. Clause 9.3.2 applies on cancellation by you.
12.4. If we cancel your subscription for any reason, then at our discretion you shall either be
entitled to:-
12.4.1. Use your remaining credits for a period of 3 months from the date of notice of us
terminating your subscription; or
12.4.2. You will be refunded an amount based on the following calculations:-
12.4.2.1. If you purchased a specific number of Credits and all of those Credits remain
unused at the time of termination you shall be entitled to a full refund equivalent
to the price paid for those Credits; or
12.4.2.2. If you purchased a specific number of Credits but only a portion of those Credits
remain unused at the time we issue the notice of termination, the refund amount
shall be calculated proportionally. You shall receive a refund equivalent to the
percentage of unused Credits relative to the total Credits purchased, multiplied
by the price paid for those Credits.
12.5. For the avoidance of doubt, on cancellation by either party any content which you have
downloaded shall be usable by you after such cancellation but at all times can only still be
used in accordance with the licence agreement.
13. Termination
13.1. If the digital product is faulty or not as described, you may have a legal right to end the
contract (or to have the digital content repaired or replaced or to get a full or partial
refund).
13.2. You CANNOT change your mind for digital products after you have started to download or
stream them or, for sealed audio, sealed video recordings or sealed computer software,
once these products are unsealed after you receive them.
13.3. Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out below, the contract will end immediately and we will
refund you in full for any products which have not been provided and you may also be
entitled to compensation:
13.3.1. We have told you about an error in the price or description of the product you have
ordered and you do not wish to proceed;
13.3.2. We have suspended an order and have notified you that the suspension is for
technical reasons and for a period of more than 14 days; or
13.3.3. You have a legal right to end the contract because we of something we have done
wrong.
13.4. If you want to end the contract for a reason that is not our fault and there is no right to
change your mind, you may still be able to cancel however we may charge compensationand you will need to contact us to inform us. A termination of the contract under this clause
13 is at our sole discretion.
14. How to Terminate
14.1. To terminate the contract in line with clause 13, please let us know by emailing us and
providing details of you and your order to info@infinitesamples.com
15. Refunds
15.1. If you are entitled to a refund under the terms of this agreement, we will refund you the
price you paid for the digital content (unless it is a partial refund), by the method you used
for payment, as soon as reasonably practicable. If you have exercised your right to change
your mind, we will issue a refund within 14 days of you telling informing us you have
changed your mind.
16. Questions or complaints
16.1. If you have any questions or complaints about the digital content on our site and/or which
has been downloaded, please email our customer service team on info@infinitesamples.com
17. Additional Terms
17.1. We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation, person, business or entity.
17.2. If you are a business customer, you may only transfer your rights under this agreement if we
provide prior consent in writing.
17.3. Nobody else any rights under this agreement. This contract is between you and us. No
other person shall have any rights to enforce any of its terms.
17.4. If a court or authority finds part of this contract illegal, the rest will continue in force. Each
of the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and
effect.
17.5. Even if we delay in enforcing this contract, we can still enforce it later. We might not
immediately chase you for not doing something (like paying) or for doing something you’re
not allowed to, but that doesn’t mean we can’t do it later.
17.6. The terms of this agreement and any dispute or claim arising out of or in connection with a
contract between us or its subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the law of England and Wales
and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute
or claim.
18. What can you do with the digital download?
18.1. Use of the digital download is at all times subject to the terms of the licence agreement the
terms of which shall continue after termination, suspension, cancellation or otherwise of this
contract or any contract between us.